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GOSS-CUSTARD & ANOR V TEMPLEMAN & ORS [2020] EWHC 632 (CH) Following a seven-day trial, judgment was handed down on 28 January 2020 upholding the Last Will and Testament of Lord Templeman. Lord Templeman was a distinguished Law Lord, well known for his significant contributions to English law, often expressed in bold terms. One such … Read more
In the recent case of Begum v Ahmed [2019] EWCA Civ 1794, the Court of Appeal granted permission for the Appellant to bring a claim 12 months out of time to apply for financial provision under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act“), where refusing permission could have … Read more
The English High Court has recently issued two apparently inconsistent judgments in relation to out of time claims brought under the Inheritance (Provisions for Family and Dependants) Act 1975 (the “1975 Act“). We consider these further below. Read more
In Blyth v Sykes [2019] EWHC 54 (Ch), the English High Court decided that an estate would be administered in accordance with a certified copy of the will-maker’s Will. This was despite the Claimant arguing that the will-maker had deliberately revoked her Will by destroying it. This case is a useful reminder that Courts insist … Read more
In a recent case in the Royal Courts of Jersey, a bank was fined for not obtaining the necessary authorisation before transferring the assets of a deceased client to a foreign court. This case serves as a useful reminder of the potential traps for institutions when dealing with estates, in particular when dealing with assets … Read more
In Griffin v Higgs & Ors [2018] EWHC 2498 (Ch), the London High Court heard an appeal against a costs order which prevented the removed executors of a trust from being entitled to an indemnity from the estate in respect of their costs for the Part 8 Claim to remove them. The High Court dismissed … Read more
In Crawford v Phillips [2018] NZCA 351, the New Zealand Court of Appeal decided that, notwithstanding one of the executors of an estate may have made a mistake which led to the litigation, all costs should be paid from the estate, not that executor personally. This case is of interest to practitioners outside New Zealand … Read more
In Thompson v Thompson [2018] EWHC 1338, the High Court in London ruled in favour of a son who sought a declaration based on proprietary estoppel that would entitle him to inherit the family farm upon the death of his mother. We discuss this case further below. Read more
In McKay & Ors v Sandman [2018] NZCA 103, the New Zealand Court of Appeal granted a claim for summary judgment in relation to claims brought on the basis of alleged dishonest assistance. We consider this case further below. Read more
